solum provinciale

solum provinciale (soh-l[schwa]m pr[schwa]-vin-shee-ay-lee). [Latin “provincial land”] Roman law. Provincial land ultimately held by the Emperor or state, with private holders having only, in theory, a possessory title without the right to transfer the property by formal methods, as distinguished from solum italicum. • Justinian abolished all distinctions between the two, allowing all land to be conveyed by traditio. Cf. SOLUM ITALICUM .

“Ownership of provincial land. The dominium of this was in Caesar or the populus according as it was an imperial or a senatorial province …. The holders were practically owners, but as they were not domini formal methods of transfer were not applicable. The holdings were however transferable informally …. The case disappeared when Justinian abolished the distinction between Italic and provincial land. Not all land in the provinces was solum provinciale: many provincial communities were given ius italicum, the chief result being that the land was in the dominium of the holder and not of the State, so that it could be transferred and claimed at law by civil law methods.” W.W. Buckland, A Text-Book of Roman Law from Augustus to Justinian 190 (Peter Stein ed., 3d ed. 1963).


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